Any permission for the temporary use or occupancy of a public street authorized by the City shall be subject to the following conditions:
(a) The temporary use or occupancy of a public street shall not unnecessarily obstruct or bar public access onto said street. Sidewalks shall remain open at all times for pedestrian use unless closure of the sidewalk is provided for by resolution of the Board of Supervisors explaining the reason for such closure.
(b) No object of any nature shall be placed or maintained within 15 feet of any fire hydrant or within five feet of any fire alarm box or police call box.
(c) No object of any nature shall be placed or maintained within any intersection or pedestrian crosswalk, nor shall any vehicle be permitted to be Parked in such areas.
(d) A continuous passageway in the roadway at least 14 feet in width shall be maintained at all times during the period of such use or occupancy for the use of emergency vehicles.
(e) No object of any nature shall be fastened to or erected over the surface of the street or sidewalk, and no object shall be affixed to any pole or standard upon any street or sidewalk, without prior written consent of the Director of Public Works.
(f) Painting upon any street or sidewalk surface shall be permitted only if a washable paint is used.
(g) Adequate illumination of area shall be maintained at all times such illumination is appropriate.
(h) Official traffic-control devices and traffic signal controllers shall not be covered or blocked at any time during the period of such use or occupancy.
(i) Street barricades determined by the Police Department as being necessary to protect the public's safety shall be delivered by the Police Department or the department's designee; shall be maintained in said locations at all times during the period of such use or occupancy by the permittee; and shall be collected by the Police Department or the department's designee upon termination of the period of said use or occupancy.
(j) All manhole covers and valve box covers shall be kept clear of any fixed object.
(k) All streets and sidewalks within the area for which such permission is granted shall be kept clean and free from dirt and debris at all times during the period of such temporary use or occupancy, and all materials and equipment used in connection with said temporary use and occupancy shall be removed from the area within 24 hours of the termination of the period of such use or occupancy. The Director of Public Works shall report any violations of this subsection to the Board of Supervisors.
(l) Applicants for permission to hold a street fair on a predominantly commercial street shall comply with the following requirements for insurance coverage. For purposes of this Subsection, a "predominantly commercial street" shall mean a street block on which at least 50 percent of front footage of private property on the ground floor of the street is used for commercial purposes. A street block shall be measured from street intersection to street intersection, but shall not include any alley intersection.
(1) Applicants shall maintain in force, during the full term of the permit, insurance as follows:
(A) General Liability Insurance with limits not less than $500,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations Coverages;
(B) If any vehicles will be operated by the applicant in connection with street fair activities under the permit, Automobile Liability Insurance with limits not less than $500,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including owned, nonowned and hired auto coverages, as applicable; and
(C) If the applicant has employees, Workers' Compensation with Employers' Liability limits not less than $500,000 each accident.
(2) General Liability and Automobile Liability Insurance policies shall be endorsed to provide the following:
(A) Name as additional insureds the City and County of San Francisco, its officers, agents and employees;
(B) That such policies are primary insurance to any other insurance available to the Additional Insureds with respect to any claims arising out of activities under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought.
(3) Certificates of insurance, in format and with insurers satisfactory to the City evidencing all applicable coverages shall be furnished to the City not less than 10 working days prior to the date of the event and before commencing any operations under the permit, with complete copies of policies to be furnished to the City upon request.
(4) The insurance requirement of this Subsection shall be waived by the Board of Supervisors if the applicant certifies in writing that (A) the purpose of the street fair is First Amendment expression and that (B) the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable prior restraint on the right of First Amendment expression, or that it has been impossible for the applicant to obtain insurance coverage.
(m) Signs shall be posted pursuant to San Francisco Health Code Sections 265 through 265.3 wherever alcohol is offered for sale.
(n) All applicants shall comply with the requirements of San Francisco Health Code Article 19L, "Prohibiting Smoking at Certain Outdoor Events."
(o) Such further conditions as may be imposed by the Department of Public Works after inspection of the area involved.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009; Ord. , File No. 120772, App. 2/4/2013, Eff. 3/6/2013)
